Case law

Dorsey v. Bolen

District Court, S.D. West Virginia · Oct 27, 2021

Finally, WVDOC argues that dismissal is warranted because it is entitled to qualified immunity on Plaintiff’s state law claims. (Id. at 6–7.) … immunity.

Farmer v. Richardson

320 F. Supp. 421 · District Court, S.D. West Virginia · Sep 28, 1970

However, the Appeals Council reversed this decision, holding that the evidence failed to establish the existence of a disability on or prior to June 30, 1954, that would qualify the plaintiff for benefits regardless of which … His earnings record clearly demonstrates that his work after 1949 was no less substantial than it was before.

Price v. National Board of Medical Examiners

966 F. Supp. 419 · District Court, S.D. West Virginia · Jun 6, 1997

To be diagnosed with ADHD, an individual must clearly evidence interference with developmentally appropriate social, academic, or occupational functioning. … However, Congress clearly intended for the term "disability" (and, therefore, the phrase "substantially limits") to have a uniform meaning throughout the ADA.

Holley v. Thompson

District Court, S.D. West Virginia · Jan 31, 2024

He argues that the Defendants are “correctly incorporated” under Section 1983, and that they are not entitled to qualified immunity. … The Defendants argue that qualified immunity “operates to bar claims of mere negligence against public employees and agencies.” (Defs.’ Reply at 8.)

Tesack v. Trent

22 F. Supp. 2d 540 · District Court, S.D. West Virginia · Aug 11, 1998

This clearly establishes a very deferential standard of re *547 view and severely limits when a petitioner is entitled to habeas relief. … Furthermore, in order to obtain habe-as relief, a petitioner must show that the state court decision “conflicted with clearly established federal law as determined by the Supreme Court.”

Prestera Center for Mental Health Services, Inc. v. Lawton

111 F. Supp. 2d 768 · District Court, S.D. West Virginia · Sep 12, 2000

As subsequent cases have established clearly, a finding that a statute generally creates enforceable rights “paints with too broad a brush.” See id. … The plain language of the statute clearly shows it is meant to benefit the general public.

Western v. Hodgson

359 F. Supp. 194 · District Court, S.D. West Virginia · May 14, 1973

This latter claim clearly involves a purely state cause of action and is asserted under the pendent jurisdiction of the court. … U.S.C. § 1983 , 1 in that it is allegedly a taking of property without due process of law, it first should be noted that to constitute a violation of § 1983, not only must plaintiffs have been denied a right, privilege or immunity

Westfield Insurance v. Carpenter Reclamation, Inc.

301 F.R.D. 235 · District Court, S.D. West Virginia · Jul 11, 2014

Carpenter has clearly failed to comply with Rule 37(a)(1) and this Court’s Local Rule 37.1(b). … immune. * * * [T]he pure work product of an attorney insofar as it involves ‘mental impressions, conclusions, opinions, or legal theories ... concerning the litigation’ is immune to the same extent as an attorney-client

Ball v. Joy Manufacturing Co.

755 F. Supp. 1344 · District Court, S.D. West Virginia · Nov 8, 1990

While wilful, wanton, and reckless misconduct are well-established concepts, we wish to make clear that we are using the words “wilful,” wanton,” and “reckless” misconduct synonymously, and that the conduct removing the immunity … It thus appears to this Court that if the Plaintiffs were presently suffering from cancer or some other disease and could establish through studies and research that such disease is clearly linked to a particular hazard of

Livingston v. K-Mart Corp.

32 F. Supp. 2d 369 · District Court, S.D. West Virginia · Dec 30, 1998

Only if the employer acted with deliberate intention is such immunity lost. W.Va.Code § 23-4-2(c)(2). … Clearly, this is not the statute’s intent, nor the Blevins’ court’s interpretation. More is required, and Plaintiffs provide nothing more.

Wilcox v. Elliott

39 F. Supp. 2d 682 · District Court, S.D. West Virginia · Feb 10, 1999

These rights were clearly established at the time that Wilcox was arrested, inasmuch as it has long been established that a warrantless arrest for a misdemeanor offense cannot take place unless that misdemeanor offense has … The Court observes that even without the benefit of Street’s teachings, the record would *692 compel granting summary judgment to Defendants on other bases, including qualified immunity and the lack of any genuine issues

Medigen of Kentucky, Inc. v. Public Service Commission of West Virginia

787 F. Supp. 602 · District Court, S.D. West Virginia · Jan 22, 1992

Rules proposed by the Department of Health and Human Resources under the Act provide that “[sjharps shall be collected at the point of generation in rigid, leak-proof and puncture-resistant containers clearly marked as infectious … Plaintiffs need show nothing more to establish that the deprivation complained of was committed by a person acting under color of state law.

Neal v. Varien

District Court, S.D. West Virginia · Mar 31, 2025

Although the Eleventh Amendment refers only to suits by citizens of other states, the United States Supreme Court has construed the Amendment to “establish that an unconsenting State is immune from suits brought … Graham, the Supreme Court addressed circumstances under which a State official was entitled to Eleventh Amendment sovereign immunity, finding that not all State officials qualified.

Kolata v. UNITED MINE WORKERS OF AMERICA, ETC.

533 F. Supp. 313 · District Court, S.D. West Virginia · Feb 19, 1982

The defendant 1974 UMWA Pension Trust was established pursuant to the provisions of the 1974 UMWA Pension Plan (1974 Plan). … In order to qualify for the Age 62 Pension, a participant must reach the age of 62 prior to retirement. Likewise, in order to qualify for an Age 55 Pension, a participant must reach the age of 55 prior to retirement.

Stewart v. Justice

District Court, S.D. West Virginia · Feb 9, 2021

Finally, Plaintiffs’ retaliation claim fails because Snaman is entitled to qualified immunity. … The primary question in a qualified immunity analysis is whether the allegations show that the official’s conduct violated a clearly established constitutional right of which reasonable person would have known.

Blankenship v. Caterpillar Global Mining, LLC

964 F. Supp. 2d 578 · District Court, S.D. West Virginia · Aug 9, 2013

. ¶¶ 9-15.) 1 Plaintiff further alleges that during her first interview, it was established that she was well qualified for the position based upon her various certifications and employment history. (Id. ¶ 11.) … The first requirement is clearly established as it is undisputed that Plaintiff, as a woman, is a member of a protected class. See, Martin v.

Baker v. CSX Transportation, Inc.

District Court, S.D. West Virginia · Jul 30, 2021

The letter itself is couched as a professional “opinion,” and the letter clearly states that CSXT was “not able to identify patterns that were clearly fraudulent.” July 14, 2017 Letter. … Additionally, to the extent Plaintiffs argue that Defendants forfeited their qualified immunity by republishing the letter to uninterested persons at the Plaintiffs’ individual hearings, see Pls.’

Monaco v. WV Parkways Authority

District Court, S.D. West Virginia · Feb 2, 2021

First, the Electronic Toll Collection Act is clearly implicated here. It is of no consequence that Plaintiff drove through a Cash Only lane when Cash Only is a misnomer. … The Parkways Authority Establishing Act clearly states that the Parkways Authority does not require legislative approval for the charging of tolls or fees for travel over the Turnpike. W. Va.

Jones v. The Board of Education of Putnam County, West Virginia

District Court, S.D. West Virginia · Jan 9, 2020

Jones “questioned why Coey needed to see his driver’s license since she clearly knew who he was.” Id. at ¶ 53. … Importantly, a plaintiff is not “required to show that she is a ‘qualified individual with a disability to establish a prima facie case for retaliation.” Moore v. Loney, No. GLR-11-2638, 2014 WL 671446, at *10 (D. Md.

Merritt v. Casto

District Court, S.D. West Virginia · Mar 21, 2023

Count II – Reckless Conduct in Violation of Clearly Established Laws In Count II, the Plaintiff alleges that JCC is (1) vicariously liable for the actions of Deputy Casto and (2) liable for its negligence in hiring … Va. 2022) (it is a question of fact whether supervisors could use qualified immunity to avoid liability under a negligent supervision theory when the employee’s conduct allegedly amounted to malicious prosecution and abuse